§ 27A-2-5-115. Small business technical and environmental compliance assistance - State Air Quality Ombudsman Office for Small Businesses.

A.  The Department shall establish a small business stationary source technical and environmental compliance assistance program.  The purpose of such program shall be to provide information to small businesses to assist them in achieving compliance with the requirements of the Oklahoma Clean Air Act and the Federal Clean Air Act.  It shall be the duty of the Department to:

1.  Develop, collect and coordinate information concerning compliance methods and technologies for small business stationary sources;

2.  Assist small businesses with pollution prevention and accidental release detection and prevention, including providing information concerning alternative technologies, process changes, products, and methods of operation that help reduce air pollution;

3.  Develop a compliance assistance program for small business stationary sources to assist them in determining applicable requirements and in receiving permits in a timely manner;

4.  Assure that small business stationary sources receive notice of their rights under the Oklahoma Clean Air Act and the Federal Clean Air Act, in such manner and form as to assure reasonably adequate time for such sources to evaluate compliance methods and any relevant or applicable proposed or final regulation or standard;

5.  Develop procedures for informing small business stationary sources of their obligations pursuant to the Oklahoma Clean Air Act, including mechanisms for referring such sources to qualified auditors in order that they may determine compliance with the Oklahoma Clean Air Act or the Federal Clean Air Act; and

6.  Develop procedures for considering requests from small businesses for modification of work practices or technological compliance methods when in accordance with the Oklahoma Clean Air Act or the Federal Clean Air Act.

B.  The Executive Director shall designate an employee within the  Department to serve as the State Air Quality Ombudsman  for Small Businesses.  Such designee shall assume the responsibility for monitoring the small business stationary source technical and environmental compliance assistance program under this section.  The  Ombudsman shall:

1.  Evaluate and report on all aspects of the small business stationary source technical and environmental compliance assistance program including, but not limited to:

a.comments and recommendations to the Environmental Protection Agency and the state regarding development and implementation of regulations,

b.the impact of the Oklahoma Clean Air Act and the Federal Clean Air Act on the state's economics, local economics and small businesses,

c.review the work and services of the small business stationary source technical and environmental compliance assistance program with trade associations and small business representatives;

2.  Interact with the state and small businesses to:

a.facilitate small business participation in new regulation development,

b.disseminate information,

c.sponsor meetings, and

d.refer small businesses to the appropriate areas of the small business stationary source technical and environmental compliance assistance program where they may obtain information on assistance or find affordable alternatives in controlling emissions and precluding accidental releases; and

3.  Interface with:

a.the Small Business Administration, the Department of Commerce and other state, local, regional and federal agencies which have programs to finally assist small businesses in compliance with environmental regulations, and

b.private sector financial institutions in locating sources of funds to comply with state-local air pollution regulations.

C.  There is hereby created a Compliance Advisory Panel with responsibilities consistent with the requirements in Title V of the Federal Clean Air Act.  Panel members shall serve without compensation but shall be entitled to travel expenses according to the provisions of the State Travel Reimbursement Act.  Funds to cover the operational expenses of the panel shall be allocated and administered by the Department through the small business stationary source technical and environmental compliance assistance program.  The panel shall consist of seven (7) members as follows:

1.  Two members who are not owners, or representatives of owners, of small business stationary sources selected by the Governor to represent the general public;

2.  Two members who are owners, or who represent owners, of small business stationary sources to be selected, one each, by the President Pro Tempore of the Senate and the Speaker of the House of Representatives;

3.  Two members who are owners, or who represent owners, of small business stationary sources to be selected, one each, by the minority leader of the Senate and the minority leader of the House of Representatives; and

4.  One member selected by the Executive Director to represent the Department.

D.  Each member of the Compliance Advisory Panel shall be appointed for a term of seven (7) years terminating on January 15, except the term of those first appointed shall expire as follows:

1.  The first appointee of the Governor shall serve for one (1) year;

2.  The appointee of the House minority leadership shall be for two (2) years;

3.  The appointee of the House majority leadership shall be for three (3) years;

4.  The appointee of the Senate minority leadership shall be for four (4) years;

5.  The appointee of the Senate majority leadership shall be for five (5) years;

6.  The second appointee of the Governor shall be for six (6) years; and

7.  The appointee of the Executive Director shall be for seven (7) years.

E.  The terms of all members shall continue until their successors shall have been duly appointed.  If a vacancy occurs, the designated appointing official shall name a replacement for the remaining portion of the unexpired term created by the vacancy.

F.  The Compliance Advisory Panel shall have the authority and the duty to:

1.  Render advisory opinions on the effectiveness of the state small business stationary source technical and environmental compliance assistance program, difficulties encountered, and the degree and severity of enforcement;

2.  Make periodic reports to the administrator of the Environmental Protection Agency concerning the compliance status of the state small business stationary source technical and environmental compliance assistance program with the requirements of the Paperwork Reduction Act, the Regulatory Flexibility Act, and the Equal Access to Justice Act; and

3.  Review information for small business stationary sources to assure such information is understandable by the layperson.

Added by Laws 1992, c. 215, § 15, emerg. eff. May 15, 1992.  Amended by Laws 1993, c. 145, § 52, eff. July 1, 1993.  Renumbered from Title 63, § 1-1816 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1993, c. 324, § 16, eff. July 1, 1993.